Marital Separation Agreement Template

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A separation agreement helps couples who are splitting up decide how to handle important things like parenting, money, and property. It can include who the children will live with, how things like the house or car will be divided, and whether one person will pay support to the other. On Loio, you can answer simple questions to this separation agreement template and get a pre-built PDF document to your device in minutes.
SEPARATION AGREEMENT

This Separation Agreement (the "Agreement") is entered into on   (the "Effective Date") by and between   (the "Party 1"), an individual residing at  , and   (the "Party 2"), an individual residing at  , collectively referred to as the "Parties" and individually as the "Party"

WHEREAS the Parties were married on   in  , but from  , the Parties have agreed to live separately and apart.

NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, and upon other good and valuable consideration, the Parties do hereby agree as follows:

SUBJECT OF THE AGREEMENT. Except as otherwise provided in this Agreement, its primary purpose is to make a final and complete settlement of all rights and obligations between the Parties, including all property rights and, if applicable, matters related to child custody, visitation, child support, and spousal support.

PROPERTY DIVISION. The Parties acknowledge that all real and personal property acquired during their marriage and owned jointly or individually shall be classified as marital or separate property following the applicable law.

Accounts. The Parties agree to distribute their bank accounts as follows:  .

Debts. The Parties consent to the following allocation of marital debts:  .

Maintenance of the property. The Parties agree to allocate the maintenance property expenses as follows:  .

Separate property. Each Party shall retain ownership of property recognized as their separate property under applicable law. This includes property acquired before the marriage, gifts, inheritances, and any property explicitly designated as separate property in writing.

 

ALIMONY/SPOUSAL SUPPORT. The Party 1 shall pay another Party alimony of   per day (the "Alimony"), commencing on  . The Alimony payments shall continue until   or until further court order, death of either Party, or  , whichever occurs first. Either Party may seek a modification of the Alimony amount or duration due to a substantial change in circumstances, such as a significant change in income or financial needs. Such a modification must be in writing and signed by both Parties.

The Alimony shall be paid by cash.

 

TAX RETURNS. The Parties agree to file their individual federal and state income tax returns for the tax year   and all subsequent tax years as married filing separately unless otherwise required by the applicable law. Each Party shall accurately report their income, deductions, credits, and liabilities on their tax returns. Neither Party shall claim any income or deductions belonging to the other Party unless otherwise required by applicable tax regulations. Each Party shall be solely responsible for paying their individual federal and state tax liabilities arising from their respective income and financial activities. The Parties shall not be jointly or severally liable for any tax liabilities of the other Party.

The Parties acknowledge that they shall not file a joint federal or state income tax return for any tax year after the year of separation unless mutually agreed upon in writing.

If a tax refund is received due to overpayment of taxes withheld during the tax year   or subsequent tax years, both Parties shall be entitled to the refund attributable to their income and withholding.

WARRANTY. Each Party represents and warrants complete, current, and accurate disclosure of all financial matters to the other Party. Both Parties acknowledge that this Agreement is based upon such thorough and accurate disclosure.

TERM AND TERMINATION. This Agreement shall commence on the Effective Date and shall continue until  , or until further court order, death of either Party, or  , whichever occurs first. Either Party may terminate this Agreement without cause by providing   days prior written notice to the other Party.

The property division clause shall remain in effect after the termination or expiration of this Agreement.

 

GOVERNING LAW AND FUTURE DISPUTE SETTLEMENT. This Agreement shall be governed by and construed in accordance with the laws of the State of  , without regard to its conflict of laws principles. 

Any dispute, controversy, or claim resulting from or related to this Agreement, including its conclusion, interpretation, performance, breach, termination, or invalidity, shall be tried to be resolved by the Parties through negotiations and mediation. If no resolution is reached in the event of any dispute regarding this Agreement, the Parties agree that any lawsuit shall be settled in the court of the State of  .

 

NOTICE. Any notice or communication required under this Agreement shall be sufficiently given if delivered personally or by certified mail, return receipt requested, to the address outlined in the opening paragraph or to such other address as one Party may have furnished to the other in writing, or to emails set forth below:

If to the Party 1:  .

If to the Party 2:  .

ASSIGNMENT. Neither Party may assign or transfer this Agreement.

BINDING EFFECT. This Agreement shall be binding upon the Parties hereto.

SEVERABILITY. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement.

ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between the Parties and supersedes any prior oral or written agreements.

WAIVER. The failure of any Party to enforce a particular provision of this Agreement shall not constitute a waiver of their right to enforce that provision in the future.

AMENDMENTS. This Agreement may be amended or modified only by a written agreement signed by both Parties. Any amendments to this Agreement shall be binding if they are in writing and signed by both Parties.

IN WITNESS WHEREOF, the Parties have executed this Agreement in   as of the Effective Date.

THE PARTY 1


 

 

________________________

(Place for signature)

THE PARTY 2


 

 

________________________

(Place for signature)

NOTARY ACKNOWLEDGMENT

 

State of  

 

Sworn to and subscribed before me on  

 

Acting in the country of  

 

_________________________

Notary public's name and seal

Written by Karyna Pukaniuk - Reviewed by Kateryna Adkham

Which States Do Not Recognize the Separation Agreement?

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Some U.S. states — like Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas — don’t officially recognize legal separation. That means a marriage separation agreement might not be accepted by a court and won’t hold up if there’s a disagreement later on.

If you live in one of these states, it’s better to use a different type of legal document — like a postnuptial agreement (a contract between spouses made after marriage) or a Petition for Support (a request for financial help without filing for divorce).

What Does a Separation Agreement Template Include?

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A marriage separation agreement PDF format usually includes:

  • Who lives where;

  • How to divide property and debts;

  • Spousal support (if one person will pay the other money);

  • Child custody and visitation;

  • Child support (how much one parent will pay for the children).

How To Fill Out a Seraration Agreement?

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1. People involved

separation agreement

Start by adding the date the marital separation agreement is being made, and the names and addresses of both people.

Example:

This Separation Agreement (the "Agreement") is entered into on March 15, 2025 (the "Effective Date") by and between Anna Reed (the "Party 1"), an individual residing at 321 Maple St, Atlanta, GA, and David Reed (the "Party 2"), an individual residing at 142 Oak Ave, Atlanta, GA, collectively referred to as the "Parties".

2. Marriage and separation details

separation paperwork

Fill in the separation paperwork: when and where the couple got married and when they agreed to separate.

Example:

WHEREAS the Parties were married on June 10, 2012 in Atlanta, Georgia, but from February 1, 2025, the Parties have agreed to live separately and apart.

3. Finances — accounts, debts, and property costs

separation documents

This section of the divorce separation agreement is about who gets which bank accounts, who handles debts, and how property expenses are shared.

Example:

Accounts. The Parties agree to distribute their bank accounts as follows:
Party 1 keeps the joint checking account at Wells Fargo. Party 2 keeps the savings account at Bank of America.

Debts. The Parties consent to the following allocation of marital debts:
Party 2 will pay off the remaining car loan. Party 1 will cover the shared credit card balance.

Maintenance. The Parties agree to allocate the maintenance property expenses as follows:
Each Party will pay 50% of property taxes and home insurance until the house is sold.

4. Alimony / Spousal support

marriage separation agreement

Here, you need to write how much alimony (spousal support) will be paid, how often, and when it starts and ends.

Example:

Party 1 shall pay Party 2 alimony of $50 per day (the "Alimony"), commencing on March 20, 2025. The Alimony payments shall continue until December 31, 2025, or until further court order, death of either Party, or Party 2’s remarriage, whichever occurs first.

The Alimony shall be paid by cash.

5. Tax filing

marriage separation agreement pdf

This is where both people agree on how they will file their taxes moving forward.

Example:

The Parties agree to file their individual federal and state income tax returns for the tax year 2025 and all future years as married filing separately, unless the law requires something else. Each Party is responsible for their own taxes. They won’t claim deductions or income belonging to the other.

6. Term and termination

legal separation agreement template

In the “Term and Termination” section, write about how long the agreement lasts, and how it can be ended.

Example:

This Agreement shall continue until December 31, 2025, or until further court order, death of either Party, or divorce, whichever comes first. Either Party may terminate this Agreement without cause by giving 30 days’ written notice. The agreement about dividing property will still apply even after the agreement ends.

7. Sign the separation papers

Both parties need to sign and date the form to make it official. You may also want to have separation documents notarized.

How Should Spouses Divide Property in a Marriage Separation Agreement?

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The way you and your spouse split your things depends on what you own and your personal situation. Usually, each person keeps what they owned before the marriage, and you divide what you bought or earned together.

Here’s how to start dividing shared property in legal separation papers:

  • Make a full list of what you own together
    Include anything shared, such as cars, furniture, electronics, jewelry, and any property that’s not your main home. Use a sample separation agreement if needed.
  • Figure out how much each item is worth
    Estimate the value of everything on your list. For valuable items like a house or rare collectibles, it’s a good idea to get a professional to help with the pricing.
  • Decide who keeps what
    Go through the list and agree on who gets each item. Sometimes it makes sense to swap — for example, one person keeps the car, while the other gets a few smaller items of equal value. Aim for a fair and balanced split.
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